tag:blogger.com,1999:blog-39556193077984836522011-11-27T16:06:58.330-08:00Divorce through Mediation - Successful Divorce and Family Law mediatior Mark WarfelLearn to save money, protect your privacy, stay in control of the process, and move at your own pace with private mediation of divorce and family law matters, including child custody and visitation, with UCLA trained attorney Mark Warfel, a former educator and coach, who has advanced training in mediation.Mark W.http://www.blogger.com/profile/11458273469387519600noreply@blogger.comBlogger191100tag:blogger.com,1999:blog-3955619307798483652.post-60465299077446344812010-11-26T18:59:00.000-08:002010-11-26T18:59:18.236-08:00my restraining order dot comJust in case you need it.
Mark W.http://www.blogger.com/profile/11458273469387519600noreply@blogger.com0tag:blogger.com,1999:blog-3955619307798483652.post-57929379355476247172010-03-23T19:37:00.000-07:002010-03-23T19:37:11.585-07:00Mediation vs. LitigationMediation, to be successful, requires that the parties come to an agreement on at least some of the issues.
Of course, the fault lines in the relationship are likely to become apparent through mediation. The relationship has already been fractured, but sometimes the smaller fault lines are not obvious - until you get both people in a room trying to work out every intimate financial/Mark W.http://www.blogger.com/profile/11458273469387519600noreply@blogger.com0tag:blogger.com,1999:blog-3955619307798483652.post-58849993166572778292009-11-12T06:35:00.000-08:002009-11-12T06:45:47.329-08:00Successful Mediation Requires Desire to Move ForwardOne thing have I learned - Mediation requires thatwe heal ourselves firstMediation, then,cannot succeed as "combatwith disguised fury"To be successfulin resolving our disputesrequires that we loveWe must love ourselvesenough to love the othersthat we dispute withCapish? You get it?If we hate an enemywe can't mediateSo before you do -look first within, to find outif you embrace loveAnger is not Mark W.http://www.blogger.com/profile/11458273469387519600noreply@blogger.com2tag:blogger.com,1999:blog-3955619307798483652.post-76526469376957127252009-01-08T11:47:00.001-08:002009-01-08T11:47:45.415-08:00Mediation in ProgressMediation in progress. Will post more soon.Mark W.http://www.blogger.com/profile/11458273469387519600noreply@blogger.com0tag:blogger.com,1999:blog-3955619307798483652.post-7324387028493606882008-06-22T15:17:00.000-07:002008-06-22T15:21:39.352-07:00The Mediator is not your lawyerThe mediator builds trust and assists the parties to reach an agreement.Other than when asked directly, and then only to a certain extent, the mediator will not give legal advice, nor advocate for either party, even if the mediator is an attorney.The mediator tells each participant that he/she should seek out independent legal advice. The more comfortable the parties are with the mediator, the Mark W.http://www.blogger.com/profile/11458273469387519600noreply@blogger.com0tag:blogger.com,1999:blog-3955619307798483652.post-83765745229875096822007-12-04T22:48:00.000-08:002007-12-04T22:59:20.560-08:00Some Advantages of private mediationThere has been a dramatic increase in the number of self-represented family law litigants in recent years. The self-represented party is often stuck trying to operate in a system structured to resolve disputes in which parties are represented by attorneys who understand and are familiar with the law and procedural rules, and who zealously represent their own client’s interests. Many parties’ Mark W.http://www.blogger.com/profile/11458273469387519600noreply@blogger.com0tag:blogger.com,1999:blog-3955619307798483652.post-14044964712222233262007-10-27T22:19:00.001-07:002007-10-27T22:30:08.284-07:00Step 7 - DRS Model - ClosureStep 7 of the Dispute Resolution Services, Inc. (DRS) model of mediation is Closure.However tempting it might be to either leave immediately if no agreement is reached at the mediation, or to leave immediately upon receiving a copy of an agreement, experience suggests that some reinforcement and acknowledgment of the efforts of the parties at the mediation will lead to a better outcome. If an Mark W.http://www.blogger.com/profile/11458273469387519600noreply@blogger.com0tag:blogger.com,1999:blog-3955619307798483652.post-4491759018363962992007-10-27T21:55:00.001-07:002007-10-27T22:12:12.275-07:00Step 6 - DRS Model - Finalizing the AgreementStep 6 of the Dispute Resolution Services, Inc. (DRS) model of mediation is Finalizing the Agreement.Assuming that you are able to arrive at a specific solution that resolves the disputed issues, there are basically three methods for finalizing the agreement.First, you can finalize the terms of the agreement in a written contract form. Good agreements reflect the parties' mutual concerns, Mark W.http://www.blogger.com/profile/11458273469387519600noreply@blogger.com0tag:blogger.com,1999:blog-3955619307798483652.post-71437137040081494072007-10-26T22:09:00.001-07:002007-10-26T22:21:46.618-07:00Step 5 - DRS Model - The optional CaucusStep 5 in the Dispute Resolution Services, Inc. (DRS) model is the optional caucus. The caucus, or individual interview, is a technique for obtaining more information about each party's position and determining the areas of flexibility of the parties. The mediator meets separately with one of the disputants (and his or her attorney).Some mediators never use the caucus, while others never Mark W.http://www.blogger.com/profile/11458273469387519600noreply@blogger.com0tag:blogger.com,1999:blog-3955619307798483652.post-40495659406147764102007-10-20T23:09:00.000-07:002007-10-24T23:03:38.257-07:00Step 4 - DRS Model - Conflict, Communiucation and NegotiationsStep 4 in the Dispute Resolution Services (DRS) model is Conflict, Communication, and Negotiations.Most people think of this step as the guts of a mediation, and may not even realize that the other steps exist.Mediators are trained to "surface the conflict". Some think of this as "getting to the bottom" of the dispute, uncovering the "real" dispute, or getting to the "heart" of the matter. The Mark W.http://www.blogger.com/profile/11458273469387519600noreply@blogger.com0tag:blogger.com,1999:blog-3955619307798483652.post-40486977781578900952007-10-20T22:51:00.000-07:002007-10-20T23:01:15.534-07:00Step 3 - DRS Model - Setting the AgendaStep 3 in the Dispute Resolution Services, Inc. (DRS) model of mediation is Setting the Agenda.According to the DRS manual, the single most important function of the mediator is to set the agenda or help the disputants define the issues and determine their priorities. While the parties are the ones who actually define the issues, the mediator can assist in organizing the discussion.It is often Mark W.http://www.blogger.com/profile/11458273469387519600noreply@blogger.com0tag:blogger.com,1999:blog-3955619307798483652.post-38986152396932026152007-10-18T21:34:00.001-07:002007-10-21T19:02:09.427-07:00Step 2 - DRS Model - Initial StatementsStep Two of the DRS Model of mediation is the initial statements by the disputants (or their attorneys).There are two purposes for the initial statements. First, it allows the mediator to hear what the dispute is about in the words of the disputants themselves. Second, it allows each disputant to hear what the other disputant has to say.The mediator may jot down various issues or feelings Mark W.http://www.blogger.com/profile/11458273469387519600noreply@blogger.com0tag:blogger.com,1999:blog-3955619307798483652.post-74470311634573822302007-10-05T22:34:00.000-07:002007-12-06T22:22:37.500-08:00Training, Education and ExperienceAdvanced Training as a Mediator Mediation. Mark Warfel has basic and advanced training in mediation, and experience as a mediator, father, attorney, educator, coach, and businessman.Initial "Basic Mediation Training" by three topMark W.http://www.blogger.com/profile/11458273469387519600noreply@blogger.com0tag:blogger.com,1999:blog-3955619307798483652.post-89521353763112724552007-09-23T14:57:00.001-07:002007-10-21T19:02:39.961-07:00Step 1 - DRS Model Opening Statement by the MediatorMuch of the Opening Statement by the Mediator is often accomplished prior to the mediation in litigated matters. In community mediation (non-litigation), the participants may not be aware of how this thing called mediation works. Whether you are mediating a litigated or non-litigated matter, it is essential that all of the participants understand the concepts in the Mediator's Opening Statement, Mark W.http://www.blogger.com/profile/11458273469387519600noreply@blogger.com0tag:blogger.com,1999:blog-3955619307798483652.post-76051411419617204862007-09-18T17:18:00.000-07:002007-09-18T17:25:34.994-07:00As a peacemaker, lawyer has a superior opportunity of being a good man"Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser -- in fees, expenses and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough." -- Abraham LincolnMark W.http://www.blogger.com/profile/11458273469387519600noreply@blogger.com0tag:blogger.com,1999:blog-3955619307798483652.post-45269969949591879212007-09-15T14:58:00.000-07:002007-09-15T15:00:06.804-07:00Mediating the Litigated CaseThis week I will participate in additional training regarding "Mediating the Litigated Case."I'll keep you posted on additional insights gained from that training.Mark W.http://www.blogger.com/profile/11458273469387519600noreply@blogger.com0tag:blogger.com,1999:blog-3955619307798483652.post-60219564435245607952007-09-03T01:12:00.001-07:002007-09-03T01:37:07.951-07:00Convening the MediationEven before the opening statement, the mediator must convene the mediation.One of the first things the mediator does after being contacted by a party or attorney is to determine whether all of the other "necessary parties" are willing to try to resolve the issue(s) at a mediation. Sometimes, the mediator will call the other party(ies) or attorney(s) to explain a little about mediation and to Mark W.http://www.blogger.com/profile/11458273469387519600noreply@blogger.com0tag:blogger.com,1999:blog-3955619307798483652.post-19732007911356511582007-08-27T21:52:00.001-07:002007-10-27T22:30:56.612-07:00Mediation Mechanics - Steps in a DRS MediationIn the Dispute Resolution Services, Inc. model, there are seven steps in a mediation. These steps are similar to a recipe or formula. Timing and judgment of when to move to the next phase or repeat or skip a phase comes with training and experience.The seven steps of a DRS model mediation are:1. The Mediator's Opening Statement.2. Initial Statements by the Disputants or their attorneys.3. SettingMark W.http://www.blogger.com/profile/11458273469387519600noreply@blogger.com0tag:blogger.com,1999:blog-3955619307798483652.post-54892062191212189062007-08-26T20:16:00.000-07:002007-10-27T22:41:22.837-07:00Mediation - what is it designed to do and who benefits?After completing 30-hour Basic Mediation Training with 23 other incredibly talented and resourceful people, then advanced training in mediating the litigated case and advanced business & commercial mediation training, the answer to almost any question remotely connected to mediation is "it depends." This blog is one approach to answering the question "depends on what?"The Dispute Resolution Mark W.http://www.blogger.com/profile/11458273469387519600noreply@blogger.com0